Can a breach of the Criminal Code constitute a tort in Canada?
British Columbia, Canada
The following excerpt is from Sahyoun v. Ho, 2015 BCSC 392 (CanLII):
More particularly, in Ausiku v. Hennigar, 2011 YKCA 5 at para. 22, the court considered a claim where “[i]n essence, [the plaintiff] pleads a violation of the Criminal Code.” Relying on Saskatchewan Wheat Pool, the court succinctly said that “a breach of the Criminal Code cannot, standing alone, constitute a civil tort in Canada”; at para. 24.
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